High Court of DelhiW.P.(C)/1311/2026

Ms. P v. Government Of NCT Of Delhi & ORS.

2026-04-15Hon'Ble Mr. Justice Purushaindra Kumar Kaurav5 pages

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1311/2026 MS. P .....Petitioner Through:

Ms Huda Naaz, Advocate.

versus GOVERNMENT OF NCT OF DELHI & ORS. .....Respondents Through:

Ms. Astha Gupta, Advocate for R-1.

Mr. Vivek kumar Tandon, Adv. for DSLSA.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 15.04.2026 (The matter has been taken up today, as 14.04.2026 was declared as a holiday on account of birthday of Dr. B.R. Ambedkar.) 1.

In deference to the observations made by the Court on 30.01.2026, respondent nos.2 and 3 have taken the following position: "1. That the undersigned, being Member Secretary, Delhi State Legal Services Authority, is filing the report in the present matter, pursuant to the directions dated 30.01.2026 passed by this Hon'ble Court wherein, inter alia, Hon'ble Court has directed that:

"Having considered the nature of grievance made by the petitioner and in view of the pendency of the petitioner's application before respondent nos. 2 and 3, the Court deems it appropriate to direct respondent nos. 2 and 3 to expeditiously deal with the said application and to pass appropriate orders.

Let the aforesaid exercise be carried out within a period of four weeks from the date of receipt of copy of order passed today. Let the compliance report be placed on record before the next date of hearing."

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2. That in compliance of the aforesaid order dated 30.01.2026 passed by this Hon'ble Court, copy of order dated 30.01.2026 along with the copy of petition were forwarded to the Secretary of jurisdictional District Legal Services Authority (DLSA) i.e. North West DLSA for further necessary action and in reply thereto Secretary, North-West DLSA has informed that the applicant/victim i.e. petitioner herein, had moved two applications dated 25.08.2022 and 20.09.2024 before the jurisdictional DLSA for interim compensation.

3. That the aforesaid application of dated 25.08.2022 for interim compensation was taken up in the meeting of District Victims Compensation Committee (DVCC) of North-West District and the same was rejected vide order dated 15.11.2022 with the following observation: "As per Rule 12 of Delhi Victim Compensation Scheme 2018, DLSA may order the grant of interim compensation to alleviate the suffering of the victim by providing immediate first aid facility or medical benefits or any other interim relief including monetary compensation.

Further, as per the Part B of the Standard Operating Procedure (with respect to operation of Delhi Victim Compensation Scheme 2018) issued by DSLSA, it is not necessary for DLSA to grant "interim compensation in each and every case recommended to it or on application so filed before it by the victim. It has every right to refuse interim compensation for reasons to be recorded and consider the matter for "final compensation", based on the outcome of the case and findings of the court and Grant of interim compensation should be considered by the District Legal Services Authority/DVCC on the basis of injury sustained by the victim, coupled with the medical need 2 and assistance required by the victim and likely expenses on medical treatment.

After considering the facts and circumstances of the case, DVCC has resolved that the application of the victim for interim compensation is rejected at this stase as there is no medical need or assistance required by the victim."

......emphasis supplied.

The copy of the aforesaid order dated 15.11.2022 is attached herewith as Anflexure-'A'.

4. That the other application dated 20.09.2024 of the petitioner for interim compensation was taken up in the meeting of District Victims Compensation Committee (DVCC) of North- West District and the same was also rejected vide order dated 13.12.2024 with the following observation:

"After considering the facts and circumstances of the case, DVCC (NW) has resolved that the application of the victim for Interim Compensation is declined at this stase as there is no medical need or The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

assistance required by the victim.

Note: If the victim is not satisfied with the decision of the Ld. DVCC (North West), she is at liberty to file an appeal before Ld. Principal District & Sessions Judse (North West)-cum-Ld. Chairperson, DLSA (NW) within 30 days from the date of receipt of this order." ......emphasis supplied.

The copy of the aforesaid order dated 13.12.2024 is attached herewith as Anflexure-'B'.

5. That the copy of aforesaid order dated 13.12.2024 passed by Ld. Secretary, North West DLSA was also communicated to the petitioner by the jurisdictional DLSA vide its email dated 04.01.2025 on her email ID furnished by her before the jurisdictional DLSA, whereby the petitioner was informed that if she is not satisfied with the decision of DVCC, she can file an appeal under Clause 17 of Part-II of Delhi Victims Compensation Scheme, 2018 before Ld. Principal District & Sessions Judge (North West)-cum-Chairperson, DLSA (North West) District within 30 days from the receipt of order of interim compensation, but the said fact has been concealed by the petitioner. The copy of e-mail dated 04.01.2025 is attached herewith as Annexure 'C'.

6. That so far as reminder dated 10.10.2025 for interim compensation applications dated 25.08.2022 and 20.09.2024 sent by the petitioner to the jurisdictional DLSA, North-West is concerned, the undersigned respectfully submits that although the aforesaid applications dated 25.08.2022 and 20.09.2024, so moved by the petitioner before the jurisdictional DLSA for interim compensation under DVCS, 2018 had already been disposed of vide order dated 15.11.2022 and 13.12.2024 and the same was also communicated to the petitioner, accordingly the aforesaid application dated 10.10.2025 was also disposed of vide order dated 10.11.2025 by the Secretary, North-West DLSA with the following observations:

"Perusal of the application in hand shows that victim has already applied and denied compensation in this instant matter twice. This present application is her 3rd application with same facts and grounds. Rather than availing her right to appeal before the Ld. Principal D&SJ (NW)-cum-Chairperson, DLSA (NW), she has filed application repeatedly. Considering upon the present facts, existing record and other material on record, the application of Smt. Pooja Gupta is devoid of merits and is liable to be dismissed. However, the victim is at liberty to exercise her right to appeal in this present matter rather than filing subsequent applications seeking compensation in this instant matter with same facts/submissions. In the light of the discussion arrived above, this present application of the victim in hand seeking compensation, is accordingly dismissed The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

beins devoid of merits."

......emphasis supplied.

The copy of the aforesaid order dated 10.11.2025 is attached herewith as Annexure-'D' The copy of this order was also sent to the petitioner via e-mail dated 13.11.2025, the copy of which is annexed as Annexure 'E'.

7. That in these circumstances the undersigned respectfully submits that as per record the petitioner herein had not preferred any appeal before the Ld. Principal District & Session Judgecum- Chairperson, DLSA, NorthWest against the aforesaid orders passed by the DVCC, the remedy available to the petitioner has already been exhausted at this stage.

8. That as per record, the trial in the present case arising out of FIR No. 358/2022, Police Station Sultanpuri, is still pending at the stage of final arguments and the next date of hearing in the matter is 12.05.2026. The right of petitioner for final compensation as such shall be subject to the outcome of the trial.

Copy of order dated 02.04.2026 of Ld. Trial Court is attached herewith as Annexure- 'F'.

9. That accordingly the undersigned respectfully prays that this Hon'ble Court may be pleased to dismiss the present petition and pass such orders or further orders as this Hon'ble Court may deem fit and proper. 10. This report is being submitted for the kind perusal of this Hon'ble Court and this Authority shall also abide by any direction(s) as passed by this Hon'ble Court."

It is, thus, seen that the petitioner's application dated 15.11.2022 and 13.12.2024 were already disposed of nevertheless, the respondents vide order dated 10.11.2025 have also decided the reminder application dated 10.10.2025. The petitioner has not been found entitled for any interim compensation.

In view thereof, the petitioner would have to challenge the order dated 13.11.2025 or any other earlier orders whereby, the petitioner's entitlement has been rejected.

In the absence thereof, no direction can be passed to grant the interim compensation as has been prayed in the instant petition. 5.

Reserving that liberty, the petition stands disposed of. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

All rights and contentions on merit are left open. PURUSHAINDRA KUMAR KAURAV, J APRIL 15, 2026/P The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.